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Kakarala v. Wells Fargo Bank

Petition for certiorari denied on April 4, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-712 9th Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether this Court should reconsider and overrule the case Thermtron Products, Inc. v. Hermansdorfer, and its progeny, that allow for appeals of remand orders, in light of the express Congressional proscription of appeals of remands in 28 U.S.C. § 1447(d); and (2) whether district courts should be able to remand a statutorily defective removal despite facially apparent diversity jurisdiction where the removing party has abandoned any claim of diversity by engaging in state court litigation for more than half a year while diverse, and the record suggests that the removal was abusive, dilatory forum shopping.

DateProceedings and Orders (key to color coding)
Nov 25 2015Petition for a writ of certiorari filed. (Response due December 31, 2015)
Dec 18 2015Order extending time to file response to petition to and including January 29, 2016.
Jan 28 2016Brief of respondent Wells Fargo Bank, N.A. in opposition filed.
Feb 5 2016Reply of petitioner Anne Mercy Kakarala filed.
Feb 10 2016DISTRIBUTED for Conference of February 26, 2016.
Feb 26 2016Rescheduled.
Feb 29 2016DISTRIBUTED for Conference of March 4, 2016.
Mar 2 2016Rescheduled.
Mar 14 2016DISTRIBUTED for Conference of March 18, 2016.
Mar 17 2016Rescheduled.
Mar 21 2016DISTRIBUTED for Conference of March 25, 2016.
Mar 28 2016DISTRIBUTED for Conference of April 1, 2016.
Apr 4 2016Petition DENIED Justice Thomas, dissenting from the denial of certiorari. (Detached Opinion)